Tax Guru – Ker$tetter Letter

Helping real people win the tax game.

Archive for December, 2004

Posted by taxguru on December 28, 2004

The blogger take on the issues A good look by Bruce Bartlett at the growth of specialized blogs, including a few of the tax related ones.  He has completely grasped the fact that, while many of the other tax blogs cover taxation issues from an academic and theoretical perspective, mine strives to cover the more practical real world applications.  I appreciate the recognition and am glad so many people are able to share so many viewpoints via blogs and the web in general.

 

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Posted by taxguru on December 28, 2004

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Posted by taxguru on December 24, 2004

Social Security reform ambush by AARP

The Economics of Gift Giving

 

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Posted by taxguru on December 23, 2004

As California Deficit Grows, Finance Director Vows ‘Honest’ Budget, No New Taxes That will be the day.  The rulers in Sacto are no more able to produce anything close to an honest budget than are their counterparts in DC.  Smoke and mirrors are standard stock in trade for governmental budgets.

 

Beware of Altered IRS Forms Used for Identity Theft

 

  Distorting Social Security reform

 

Two-faced advice on Social Security

A stealth tax

 

 

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Posted by taxguru on December 22, 2004

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Posted by taxguru on December 22, 2004

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Posted by taxguru on December 22, 2004

I really do appreciate the assistance of the other tax pros around the country who have been helping me keep up on the various topics we have been discussing here.

Ohio CPA Dana Stahl has been a big help and has provided this update based on a recent conversation he had with Dan Pilla after attending one of Dan’s seminars.

Mr Guru – just got off the phone w/Dan Pilla.  Some items you may find interesting:
 
1.    Regarding the IRS/1040x matter, Dan said he is unaware of any national policy along those lines as we’ve previously discussed.  He did say there is a “Revenue Protection Policy” in effect, which is an apparent threshold of a refund claim that would trigger an audit.  Dan said he didn’t know the threshold amount, but other than that policy, there is no movement within IRS he can identify.  Dan commented that, if such a policy were in effect, it still shouldn’t effect someone with a $10,000 or more refund, since one would not want to leave that kind of money on the table.  Anyway, I let him know what you & I have discussed, and I said I’d let him know if any other information becomes available.
 
2.    I also asked him about those IRS abuse hearings, as you & I discussed a couple of weeks ago.  I told him about the Edward Jones teleconference with the former IRS Commissioner denying that the abuses were true.  Dan said that the abuses WERE true, and apparently Dan helped put together much of the research (including testifying before the Committee himself!) used during the hearings.  He said there has been an effort to discredit the testimony given during the abuse hearings in order to undue the protections put into place as a result of the hearings (since the government now needs more money).  I told him I’d let him know what kind of response I get from the Edward Jones people to my inquiry on the Ex-Commish’s remarks (as I will you, also).
 

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Posted by taxguru on December 22, 2004

True, except in places such as the PRC, which charges corporations an annual minimum tax of $800 even if they had no activity at all.


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Loose lips…

Posted by taxguru on December 22, 2004

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Section 179 Recapture

Posted by taxguru on December 22, 2004

Q:

Kerry- You have a great Website with lots of good information.  Thank you for sharing your knowledge.  I elected to purchase a SUV in 2004 and will take the 179 deduction.  I have a LLC, but purchased it in my name and use it 95% for business.  I do not really like driving it.  It is OK for me to just give the Vehicle to my wife next year and let her inherit my cost basis which will be zero?  Seems like that would be too good to be true.  Thanks if you answer the question.

 

A:

Your “too good to be true” analysis is right on the money.

The law is very explicit that any Section 179 deduction has to be recaptured if the business use of the asset falls below 50% during its normal depreciable life, which would be five years in your example.

Your plan would still have some merit if you are just looking to shift some taxes into a future, possibly lower rate, tax year.  You could claim the Sec. 179 on your 2004 1040 and then pick almost that same amount up as income on your 2005 1040 when you convert the SUV to zero percent usage.  Actually, the recapture amount will be less than the full Sec. 179 because you only need to pick up as income the excess of what you claimed on your 2004 1040 over what the normal depreciation deduction would have been without the Sec. 179.

Good luck.  I hope this clears this matter up for you.  Your personal tax advisor should be able to help you decide if claiming the Sec. 179 under these circumstances is a good idea for you and your wife or not.

Kerry Kerstetter

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